What is Calling The Plaintiff?

Legal Definition

Practice. When a plaintiff perceives that he has not given evidence to maintain his issue, and intends to become nonsuited, he withdraws himself, when the cryer is ordered to call the plaintiff, and on his failing to appear, he becomes nonsuited. 3 Bl. Com. 376.

-- Bouviers Law Dictionary

Legal Definition

In practice. A formal method of causing a nonsuit to be entered. When a plaintiff or his counsel, seeing that sufficient evidence has not been given to maintain the issue, withdraws. the crier is ordered to call or demand the plaintiff, and if neither he, nor any person for him appear, he is nonsuited, the jurors are discharged without giving a verdict, the action is at an end, and the defendant recovers his costs.

-- Black's Law Dictionary

Legal Definition

The formal calling of the plaintiff upon ordering a nonsuit.

-- Ballentine's Law Dictionary

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